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february 2002

Supreme Court of India · 2002-02-28

Union Of India (Uoi) And Ors. vs Madan Mohan Prasad

Citation / case number
AIRONLINE 2002 SC 394
Court
Supreme Court of India
Petitioner
Union Of India (Uoi) And Ors.
Respondent
Madan Mohan Prasad
Bench
S. Rajendra Babu, P. Venkatarama Reddi

Judgment text excerpt

The Supreme Court upheld the Central Administrative Tribunal's decision to grant the respondent his death-cum-retirement gratuity (DCRG) and leave encashment, emphasizing that DCRG cannot be withheld for recovery of dues related to unauthorized occupation of a railway quarter. The Court clarified that the relevant Railway Pension Rules, specifically Rule 323, only allow deductions for 'admitted' and 'obvious' dues, which do not include penal damages. The Court affirmed the tribunal's ruling, allowing the claim while permitting deductions for normal house rent and related charges.

Union Of India (Uoi) And Ors. vs Madan Mohan Prasad · Niyam